Ok, So my daughters father was finally ordered to pay support (as in my previous post). He did not show up but sent his financial paper work (he lives out of state), He tells me he is not paying a dime (because he can not afford it, but they went by what he sent in) and he is appealing the current support and back support order, Can he do this and will the judge cancel out the back support. Thanks in Advance

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Originally Posted by ItWillGetBetter

Ok, So my daughters father was finally ordered to pay support (as in my previous post). He did not show up but sent his financial paper work (he lives out of state), He tells me he is not paying a dime (because he can not afford it, but they went by what he sent in) and he is appealing the current support and back support order, Can he do this and will the judge cancel out the back support. Thanks in Advance

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Sure he can do that. His problem is going to be telling the judge what they did wrong and why the first trip through. Just because he's asking the courts for something doesn't mean he's going to get it. It just means its out there. Does he plan on showing up this time ? Has he retained a lawyer ?

He can always appeal since the amount is based on income, that is not likely to change unless he told him he makes more than he does.

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Originally Posted by Fr_Chuck

He can always appeal since the amount is based on income, that is not likely to change unless he told him he makes more than he does.

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Hi, I guess he told them what he makes a year ($25,000) and they divided it up weekly, but now he says he makes less than $200 a week. (how in the world can a grown man, no other children no wife live off less than $200 a week). I hope the judge will look at the fact he is capable of making enough money he does live on his own, and no he does not have a lawyer

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Originally Posted by ItWillGetBetter

Hi, I guess he told them what he makes a year ($25,000) and they divided it up weekly, but now he says he makes less than $200 a week. (how in the world can a grown man, no other children no wife live off of less than $200 a week). I hope the judge will look at the fact he is capable of making enough money he does live on his own, and no he does not have a lawyer

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Unless he quit his job and went to flipping burgers then he's making more then that but by the time the child support is taken out it may very well be $200 per week.

$25,000 per year. The breakdown goes like this. 2000 hrs per year. Weekly gross is $500
Then child support and taxes are taken out before he even sees anything. So his new take home might just be $200

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Originally Posted by califdadof3

Unless he quit his job and went to flipping burgers then hes making more then that but by the time the child support is taken out it may very well be $200 per week.

$25,000 per year. The breakdown goes like this. 2000 hrs per year. weekly gross is $500
then child support and taxes are taken out before he even sees anything. So his new take home might just be $200

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He says he makes $195 a week before taxes, so his take home is only about $100, of course I do not believe that though

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Originally Posted by ItWillGetBetter

He says he makes $195 a week before taxes, so his take home is only about $100, of course I do not beleive that though

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If he's only making that much then he is either working under 40 hrs a week because minimum wage I believe is $5.15 or $5.50 per hour.

In Calif minimum wage is $8.00 per hour.

He has the right to appeal what the court mandated back in 2006 (lets say). The court will review the case and determine what the current income is. "He won't pay a dime" This will not be possible. Even if he make minimum he is obligated to pay something.

It works the other way too. If he made more income and you knew about it you can petition the court for more money.

Good luck to you.

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Originally Posted by ATYOURSERVICE

He has the right to appeal what the court mandated back in 2006 (lets say). The court will review the case and determine what the current income is. "He won't pay a dime" This will not be possible. Even if he make minimum he is obligated to pay something.

It works the other way too. If he made more income and you knew about it you can petition the court for more money.

Good luck to you.

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He has been trying to get out of paying since she was born so he will say anything, I will give an update when we go back (might be a while though, not sure how long it takes). Thank you everyone for your input